Delaware What Happens Next?

The Division of Child Support Services (DCSS) will file a Notice of Child Support Lien with the insurance company.

Once the claim is settled, the insurance company will notify DCSS, as instructed on the lien notice.

DCSS will file a Notice of Levy on Child Support Lien with the updated arrears amount and instructions on where to remit the funds.

DCSS must also notify the claimant that a child support lien is being perfected against his/her insurance claim.

Delaware law provides the claimant with a limited time period in which to to contest the States action.

At the conclusion of the statutory period, if the claimant is no longer eligible for this enforcement action, the Division will file a Notice of Release of Child Support Lien with the insurance company.

All states have new administrative lien and subpoena powers enacted into law by the U.S. Congress in 1996. State Child Support agencies can issue subpoenas administratively to any person, business or entity to determine assets and access personal information belonging to persons who owe child support. States can issue liens and levies administratively against the assets of delinquent parents in order to collect past due support. In addition, Congress required all states pass legislation that recognizes each states administrative authority and powers across state lines. Thus, the States belonging to the Child Support Lien Network are operating under new law in order to discover insurance claim data.